Subbo v. Pacific Coast Const. Co.
Oregon Supreme Court
Decided May 28, 1912. On Motion to Dismiss Appeal. (123 Pac. 1070.) From Multnomah: Calvin U. (xantenbein, Judge. Me. Justice Bean delivered the opinion of the court. The defendant filed a motion to dismiss this appeal upon the ground that the appellant did not file his transcript or abstract of record within 30 days from the time of perfecting the appeal. This is not, under all circumstances, a cause of dismissal of an appeal.
Read the full summary
Decided May 28, 1912. On Motion to Dismiss Appeal. (123 Pac. 1070.) From Multnomah: Calvin U. (xantenbein, Judge. Me. Justice Bean delivered the opinion of the court. The defendant filed a motion to dismiss this appeal upon the ground that the appellant did not file his transcript or abstract of record within 30 days from the time of perfecting the appeal. This is not, under all circumstances, a cause of dismissal of an appeal. Section 554, L. O. L., provides that upon an appeal being perfected, the appellant shall, within 30 days thereafter, file with the clerk of the appellate court a…
1Opinion of the CourtJustice Eakin
2. The rule is that an employee assumes as incident to the employment certain risks, among them being the risk of injury caused by the negligence of a fellow-servant. It is necessary to determine whether this injury was occasioned by the negligent act of a fellow-workman or was the result of the failure of the master to perform some duty which it owed to the employee. As shown by Mr. Justice Bean in Mast v. Kern, 34 Or. 247 (54 Pac. 950, 75 Am. St. Rep. 580), there are two lines of decision upon the question of who is a fellow-servant for whose negligence the employee assumes the risk, as…
2Cases cited7 opinions
- New England Railroad v. ConroySupreme Court of the United States · 1899
- American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
- Mast v. KernOregon Supreme Court · 1898
- Boothe v. Farmers & Traders Nat. BankOregon Supreme Court · 1908
- Farmers' & Merchants' Bank of Coweta v. SharumSupreme Court of Oklahoma · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Morandas v. L. R. Wattis Co.Oregon Supreme Court · 1914
- Humason v. OrrOregon Supreme Court · 1915
- In Re Estate of PurdinOregon Supreme Court · 1929